Gonzalez v. Clark County, ex rel et al
Filing
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ORDER Granting 21 Defendants' Motion for Leave to Take Deposition of an Incarcerated Person. Signed by Magistrate Judge Cam Ferenbach on 8/3/17. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DAVID GONZALEZ,
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Plaintiff,
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vs.
CLARK COUNTY, ex rel- The Clark County
Sheriff’s Office, Sgt. Aspiazu, 7117, CO Hood,
#9902,
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2:17-cv-00607-JAD-VCF
ORDER
Defendant.
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Before the Court is the Defendants’ Motion for Leave to Take the Deposition of David Gonzalez,
an Incarcerated Person (ECF No. 21), filed on July 7, 2017.
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Defendants request leave to take Plaintiff’s deposition, who is currently incarcerated at the High
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Desert State Prison located in Indian Springs, Nevada, pursuant to Rule 30(a)(2)(B) of the Federal Rules
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of Civil Procedure. Rule 30(a)(2) requires a party to seek leave of court to depose an incarcerated
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individual. The Court finds that Defendants have established good cause to grant its motion.
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To date, no opposition has been filed and the time to file an opposition has passed. Under LR 7-
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2(d), the failure of an opposing party to file points and authorities in response to any motion, except a
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motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of
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the motion. Here, it would seem that Plaintiff has consented to the granting of the instant motion.
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Accordingly,
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IT IS HEREBY ORDERED that Defendants’ Motion for Leave to Take Deposition of an
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///
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Incarcerated Person (ECF No. 21) is GRANTED.
DATED this 3rd day of August, 2017.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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